A10497 Summary:

BILL NOA10497
 
SAME ASNo Same As
 
SPONSORRules (DiPietro)
 
COSPNSR
 
MLTSPNSR
 
Add §2831, Pub Health L
 
Relates to access to nursing home residents by essential caregivers; establishes safety protocols and appeals processes.
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A10497 Actions:

BILL NOA10497
 
05/29/2024referred to health
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A10497 Committee Votes:

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A10497 Floor Votes:

There are no votes for this bill in this legislative session.
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A10497 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10497
 
SPONSOR: Rules (DiPietro)
  TITLE OF BILL: An act to amend the public health law, in relation to requiring nursing homes to permit essential caregivers access during any period in which regular visitation is restricted   PURPOSE OR GENERAL IDEA OF BILL: An act to amend the public health law, in relation to requiring nursing homes to permit essential caregivers access during any period in which regular visitation is restricted   SUMMARY OF PROVISIONS: Section 1: adds new section to public health law to allow access in every nursing home to essential caregivers during periods when visita- tion is restricted by order of a federal, state or local authority. Section2: Defines the term "essential caregiver" and outlines the role of the caregiver. Section 3: Establishes the access for the essential caregiver Section 4: Provides the resident represntative to choose the caregiver if the resident is unable to make an election. Section 5: Nursing homes shall not deny access by the essential caregiv- er and shall enforce all safety protocols for the caregiver Section 6:Establishes regulations for the caregiver to comply with Section 7:Provides for the commissioner to establish a process for resi- dents and caregivers to appeal denials of access. Section : Establishes effective date   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): Click here to enter text.   JUSTIFICATION: Click here to enter text.   PRIOR LEGISLATIVE HISTORY: Click here to enter text.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Click here to enter text.   EFFECTIVE DATE: This act shall take effect immediately
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A10497 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10497
 
                   IN ASSEMBLY
 
                                      May 29, 2024
                                       ___________
 
        Introduced by COMMITTEE ON RULES -- (at request of M. of A. DiPietro) --
          read once and referred to the Committee on Health
 
        AN  ACT to amend the public health law, in relation to requiring nursing
          homes to permit essential caregivers access during any period in which
          regular visitation is restricted
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  public health law is amended by adding a new section
     2  2831 to read as follows:
     3    § 2831. Essential caregivers act. 1. Within ninety days of the  effec-
     4  tive  date  of  this section, every nursing home shall provide access to
     5  essential  caregivers  during  periods  when  visitation  is   otherwise
     6  restricted  by order of a federal, state, or local authority or by other
     7  operation of law.
     8    2. For the purposes of this subdivision, the term "essential  caregiv-
     9  er"  shall  mean, with respect to a resident of a nursing home, an indi-
    10  vidual who:
    11    (a) is designated by or on behalf of the resident pursuant to subdivi-
    12  sions three or four of this section; and
    13    (b) will provide  assistance  to  such  resident,  which  may  include
    14  assistance  with  activities  of  daily  living  or  providing emotional
    15  support or companionship to such resident.
    16    3. Every nursing home shall allow each resident of such facility to:
    17    (a) designate and have access to essential caregivers for  such  resi-
    18  dent  at all times, including during any period in which regular visita-
    19  tion is restricted by order of a federal, state, or local  authority  or
    20  by other operation of law; and
    21    (b) amend such designation at any time.
    22    4.  Where  a resident is unable, by reason of physical or mental disa-
    23  bility, to make  an  election  described  in  subdivision  two  of  this
    24  section,  the resident representative for such resident shall be permit-
    25  ted to make such designation for such resident.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15434-01-4

        A. 10497                            2
 
     1    5. During a period in which regular visitation is restricted by  order
     2  of  a federal, state, or local authority or by other operation of law, a
     3  nursing home shall:
     4    (a)  not deny in-person access to a resident by an essential caregiver
     5  except as provided in this section;
     6    (b) allow at least one essential  caregiver  to  have  access  to  and
     7  provide  assistance  to  such resident at such facility every day and at
     8  any time; and
     9    (c) enforce all safety protocols with respect to essential caregivers.
    10    6. (a) No essential caregiver who complies with all  safety  protocols
    11  and  other  safety  rules  with respect to essential caregivers shall be
    12  denied access to the nursing home of the resident involved.
    13    (b) An essential caregiver shall  agree  to  comply  with  all  safety
    14  protocols  and  other rules established by such facility, which shall be
    15  clearly specified in writing and may be more restrictive than the safety
    16  protocols (including safety standards and entry requirement)  applicable
    17  to staff of such facility.
    18    (c)  If  an essential caregiver fails to comply with any safety proto-
    19  cols of a facility, such facility must first provide a  warning  to  the
    20  essential caregiver and the resident, in writing, citing specific issues
    21  of non-compliance and providing clear guidance for corrective measures.
    22    (d) If an essential caregiver or resident, after receiving a notifica-
    23  tion  of  non-compliance described in paragraph (c) of this subdivision,
    24  fails to take corrective action, the essential caregiver may subsequent-
    25  ly be denied access to the resident. In such cases, the  facility  shall
    26  provide  to  such  caregiver  and such resident (or health care proxy of
    27  such resident), not later than twenty-four hours after  such  denial  of
    28  access occurs, a written explanation as to why such caregiver was denied
    29  access  to  such  resident. Such explanation must include the resident's
    30  and caregiver's options for appeal under the processes established under
    31  subdivision seven of this section.
    32    7. (a) The commissioner shall establish a process  for  residents  and
    33  caregivers to appeal denials of access.
    34    (b) The department shall:
    35    (i)  receive appeals from residents and essential caregivers challeng-
    36  ing a decision by a nursing home to deny access under subdivision six of
    37  this section; and
    38    (ii) investigate all such appeals within forty-eight hours of receipt.
    39    (c) Upon appeal of a denial of access, the nursing home shall have the
    40  burden of establishing that the essential caregiver violated any  proto-
    41  cols applicable to an essential caregiver.
    42    (d)  The department shall make a determination as to whether a nursing
    43  home violated a requirement or prohibition of  this  subdivision  within
    44  forty-eight  hours of commencing its investigation. If the agency deter-
    45  mines that a facility has violated the provisions of this  section,  the
    46  department shall:
    47    (i)  require  the  facility to allow immediate access to the essential
    48  caregiver in question;
    49    (ii) require the facility to establish a  corrective  action  plan  to
    50  prevent  the  recurrence  of such violation within a seven-day period of
    51  receiving notice from the agency; and
    52    (iii) impose a civil monetary penalty in an amount to be determined by
    53  the agency (not to exceed five thousand dollars) if such facility  fails
    54  to  implement  the  corrective  action  plan within the seven-day period
    55  specified in subparagraph (ii) of this paragraph.
    56    § 2. This act shall take effect immediately.
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